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Kings New York online Form 673: What You Should Know

What is a “Prosecution” vs “Civil Action” in Probate Proceedings? The distinction between a court proceeding and a regular dispute (or criminal prosecution) usually is not easily made. As the case goes, the court and the prosecution are essentially the same -- the only difference is whether the judge is in law enforcement or an ordinary citizen. If you would like a copy of the Michigan Rules of Civil Procedure, click here. If you would like a printed copy, you can order a form letter showing it on this site. The Michigan Supreme Court's rules (Michigan Rule of Civil Procedure §4.110) state: “A proceeding is a civil action, and a civil action is a criminal action; the former are not separate and distinct.” The Michigan Supreme Court has an overview of “Prosecution” and “Civil Action” in their Probate Rules (Michigan Probate Rules. Probate Rules What is the Probate Judge's Role? A “Justice of the peace” is an ordinary citizen who is authorized by law to hear and act on property disputes between two parties. The probate judge, who presides over such cases, is appointed by the court, and is entitled to serve as any other judge might buy virtue of his or her judicial office. As the judge, he has full authority to issue a summons to the parties and to hear their respective testimony. He also can appoint a personal representative for estates, can issue subpoenas, and can issue orders concerning the property of the deceased and other persons who may be affected. An impartial probate judge is an important and vital element of the court process -- without this element there can be no justice. Probate judges have full authority, authority that is not exercised by any other lawyer, but is provided to them by the Michigan Probate Act. An attorney appointed by the court is a representative of the court and is acting as an attorney. It is a duty of an attorney to present his or her clients' rights, interests, and defenses, and advise and consent to their trial by jury or by other adjudicative means.

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